Document: Proceedings in a suit between Jacob Jansz Huys and Pieter Rudolphus

21 December on Tuesday

The director general and councilors of New Netherland having examined and reviewed the sentence pronounced by the burgomasters and schepens of this city, concerning a certain dispute between Allard Antony, attorney for Jacob Jansz Huys, appellant in the writ of appeal, and Pieter Rudolphus, defendant; the parties having submitted their documents reciprocally, the director general and councilors resolve that in such doubtful cases concerning average, both parties appear to have a claim, namely, that upon short sea routes such as from France to the Netherlands and vice versa, the appellant in the writ of appeal would be successful as the empty barrel would suffice, provided no freight was claimed on it; conversely, upon longer sea routes such as from the Netherlands to Spain, Italy and vice versa, the defendant justly claims average on damage suffered. Therefore, rather than approving or disapproving the judgment, the director general and councilors decide that the aforesaid dispute, as it stands, shall be referred to three arbitrators who understand the matter, and whose judgment shall be final. For which purpose are hereby ordered and commissioned: Jacob Gorter, skipper of the warship de Waagh; Pieter Dircksz, skipper on the ship Nieu Amsterdam; and Lourens Cornelissen van der Wei, skipper and former Mediterranean sailor.[1]

Done at the session of the honorable director general and councilors of New Netherland held in Fort Amsterdam, ady ut supra, the 21st of December 1655. (Was signed:) P. Stuyvesant, Nicasius de Sille, La Montagne.[2]